13090I RESOLUTION NO. 13,090
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3 A RESOLUTION TO AUTHORIZE A FRANCHISE FOR ACCESS ACROSS
4 CERTAIN CITY PROPERTY LOCATED ON EAST ROOSEVELT ROAD
5 ADJACENT TO THE PROPERTY AT 2323 EAST ROOSEVELT ROAD IN THE
6 CITY OF LITTLE ROCK, ARKANSAS, TO THE OWNER OF SUCH
7 PROPERTY; AND FOR OTHER PURPOSES.
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9 WHEREAS, the City owns certain property on East Roosevelt Road that was formerly railroad right -
10 of -way and which it holds for drainage purposes, and
11 WHEREAS, a drainage pipe and paving was subsequently installed on the property, and
12 WHEREAS, the potential owners of the property at 2323 East Roosevelt Road, Ben Davis and
13 Diane Davis, that abuts the City property on the west side seeks the privilege to access warehouse
14 building and property at 2323 East Roosevelt by traveling over the City property, and
15 WHEREAS, the City will be enhanced by the warehouse property being put into active commercial
16 use and no harm is anticipated by allowing the owner of the warehouse property and its employees and
17 invitees to travel over the property to access the adjacent property; and,
18 WHEREAS, the Public Works Department has determined that a franchise for such a purpose does
19 not create a detrimental impact on public transportation or other services in the area now or in the future,
20 and
21 WHEREAS, the Board has determined that it is in the best interests of the City to authorize the
22 franchise for access to its abutting property and the City is willing to provide the requested franchise,
23 subject to the rights reserved by the railroad when it deeded the property to the City.
24 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
25 OF LITTLE ROCK, ARKANSAS:
26 Section 1. The City hereby grants a formal franchise to the Ben Davis and Diane Davis, as the
27 putative owners of property located at 2323 East Roosevelt Road, for access over the City property
28 described in Exhibit A to this resolution and depicted on the drawing shown in Exhibit B to this
29 resolution (the "Property ").
30 Section 2. This franchise is given subject to the rights reserved by the Chicago, Rock lsland and
31 Pacific Railroad Company for itself, its successors and assigns in its Quitclaim Deed to the City dated
32 May 16, 1963 and filed of record in the Pulaski County Circuit Clerk's Office beginning in Book 837,
33 Page 195.
[PAGE 1 OF 4]
RESOLUTION
To authorize franchise at 2323 East Roosevelt
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Section 3. The franchise is also given subject to the condition that the City is not responsible for
improvements on the Property, and that the franchisee shall be responsible for maintaining the drainage
through the Property and making any repairs to the drainage system as directed by the City.
Section 4. Because closing on the purchase of this property has not yet occurred, this franchise shall
be held in escrow until such closing occurs, provided if the closing does not occur within one (1) year
from the date of this resolution, then the grant of this franchise shall be null and void.
Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
effect as if the portion so declared or adjudged invalid or unconstitutional were not originally a part of the
resolution.
Section 6. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent
with the provisions of this resolution, are hereby repealed to the extent of such inconsistency.
ADOPTED: February 16, 2010
ATTEST:
Toya obinson, AssisiUt City Clerk
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City t orney
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RESOLUTION
To authorize franchise at 2323 East Roosevelt
APPROVED:
Mark Stodola, Mayor
[PAGE 2 OF 4]
I EXHIBIT A
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3 Legal Description
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5 A parcel of land forty (40) feet in width and nine hundred sixteen (916) feet in
6 length, being a portion of the right -of -way and station grounds of the Chicago,
7 Rock Island and Pacific Railroad Company, located in the Northwest quarter
8 (NW 1/4) of the Northeast quarter (NE 1/4) of Section Thirteen (13), Township
9 One (1) North, Range Twelve (12) West, Pulaski County, Arkansas, the center
10 line of said property being more particularly described as follows:
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12 Commencing at the Northwest corner of Section Thirteen (13); thence south
13 517 feet to a point in the south line of East Roosevelt Road, thence east along
14 said south line of East Roosevelt Road 2,579.65 feet to the Northeast corner of
15 the John Deere property; thence continue east 320 feet to the point of
16 beginning, being the center line of said property; thence south at right angles to
17 last described course 916 feet to the southerly right of way line of said
18 Railroad company. The above - described parcel contains eighty -four (0.84)
19 hundredths of an acre, more or less.
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[PAGE 3 OF 4]
RESOLUTION
To authorize franchise at 2323 East Roosevelt
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EXIIIBIT B
RESOLUTION
To authorize franchise at 2323 East Roosevelt
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